Rishipal And 10 Ors vs State Of U.P. And Anr on 20 February, 2019
12.While alluding to the decision of the various High Courts on which reliance was placed by Counsel for the Petitioner, it may be mentioned that in Akash Garg vs. State of U.P. and Others 2012 (3) ALJ (NOC) 149 (All) decided by the Hon'ble High Court of Allahabad, the impugned order Magistrate was quashed with a direction to reconsider the Charge-sheet in the light of the relevant materials and to passed and appropriate order afresh in accordance with Law. A careful perusal of the Judgment would indicate that the Learned Magistrate therein had failed to disclose that he had perused that charge-sheet and the materials filed in support thereof. The Magistrate merely specified that he had received charge-sheet against the petitioner and taken cognizance.